Professor Peng Chengxin, Deputy dean of Kaiyuan Law School of Shanghai Jiao Tong University, was invited to give a special lecture on "Civil Code"
On July 3, 2020, the fourth phase of the "Guohillan Lawyers Salon" of Guohillan Law Firm was held as scheduled. Shanghai Guolinghouse Law Firm is honored to invite Professor Peng Chengxin, Deputy dean of Shanghai Jiao Tong University Kaiyuan Law School, as the keynote speaker to share with you the lecture "Moral Thinking and Legal Thinking of the Civil Code". All Hillhouse colleagues participated.
On May 28, 2020, the third session of the 13th National People's Congress voted to adopt the Civil Code of the People's Republic of China, which will be officially implemented on January 1, 2021. The Civil Code consists of seven parts and 1,260 articles, each part in turn includes general provisions, property rights, contracts, personality rights, marriage and family, inheritance, tort liability and supplementary provisions. Effective from 1 January 2021. As the first law named after the Code in New China, the Civil Code regulates the personal and property relations between equal civil subjects, which is related to the vital interests of every citizen, and can be described as an encyclopedia of social life. The promulgation of the Civil Code has opened the precedent of codification legislation in our country, and is a remarkable symbol of the great achievements in the construction of the rule of law in our country in the past 40 years.
Focusing on the system structure and new points of the Civil Code, Professor Peng Chengxin analyzed and interpreted the Civil Code by dividing it into four themes: "The system of the Civil Code", "the embodiment of moral thinking", "the embodiment of legal thinking" and "the embodiment of the mutual influence of morality and law in the Civil Code". Combined with vivid cases, the author explains the new and important legal points and controversial issues in the "Civil Code" in a comprehensive and systematic way. He pointed out that no matter what viewpoint is taken on the relationship between law and morality, some legal systems and ideas in the civil Code are influenced by moral thinking to some extent. The Civil Code not only insists on the system design of good people's thinking (such as picking up lost property, etc.), bad people's thinking (such as shortening the period of the right to cancel major misunderstandings, etc.), but also has reasonable system improvement from bad people's thinking to ordinary people's thinking (such as self-agency and mutual agency, etc.). The civil Code has both the system improvement based on pure legal thinking and the system design that reflects the impure legal thinking under the influence of morality: there are those worthy of affirmation (such as reasonable compensation for victims of unknown perpetrators of falling objects), and there are still those in need of improvement (such as good-faith acquisition and exclusion of stolen goods).
Professor Peng also pointed out that the Civil Code's requirements for biotechnology ethics, the promotion of environmental protection awareness, and the design of provisions to help others' good people all reflect that virtue can produce good laws, while the "co-debt co-signing" and other marital debt recognition systems reflect the negative impact of moral failure on the law. Simply understanding law from the perspective of bad people or good people will often simplify system design, and even violate the logic of system design. It is better to adhere to ordinary people's thinking: legislation should focus on guiding ordinary people to do good, and pay attention to procedural system design to prevent or reduce ordinary people's evil. Judicially, we should adhere to the thinking mode and judgment orientation of "considering the social background of the case", strengthen the parties' duty of care to identify fraud, reduce the chance of success of the perpetrator, and strengthen punishment. Finally realize the beauty of law and justice of containing and defeating Germany and maintaining transaction security.
In the two-hour lecture, Professor Peng led everyone to have an in-depth understanding and understanding of the code that is closely related to the life of citizens. Professor Peng stressed that the Civil Code has very distinct characteristics of The Times, is a landmark achievement in the cause of rule of law in China, and is also a great achievement in comprehensively governing the country according to law and the modernization of the national governance system and governance capacity. Accurately understand and apply the Civil Code, and improve the ability and level of using the Civil Code to safeguard citizens' rights and interests and resolve conflicts and disputes.